M.Y.EQBAL, J. - (1.) IN this writ application the petitioner has prayed for quashing the order dated 12.8.1983 passed by Deputy Commissioner, Hazaribagh whereby he has been dismissed/removed from the service and also the order passed by Commissioner, North Chhotanagpur Division and the Additional Member Board of Revenue, Government of Bihar, Patna by which order of dismissal has been affirmed in appeal and revision filed by the petitioner.
(2.) IT appears that in 1975 while the petitioner was posted in the Collectorate, Hazaribagh, he was put under suspension by order dated 9.7.1975 and memo of charge was served in respect of the following charges ; (i) Petitioner while holding post of Ex. Arms Clerk Issued a Gun License No. 8/75 to Sri Parmanand Upadhya without the orders of the competent authority after forging the signature of District Arms Magistrate Sri R.P. Mukherjee. (ii) Petitioner made interpolation in Col. 5 of page 92 of Arms Register Vol. 1 by making some entry and forged the initial of the District Arms Magistrate. (iii) Petitioner was the custodian of all arms records, Registers etc. As Arms Clerk he did not make over the charge of case records of the above License No. 276/74 after he was transferred to keredart. On 23.6.1975 when he was availing E.L. at Hazaribagh he was called and ordered to trace out the record in question but he could not trace out the record in question. It was therefore alleged that petitioner deliberately concealed the record in question as he had issued fake license without obtaining orders of the competent authority. (iv) On 18.1.1975 several arms licenses were put for signatures of the District Arms Magistrate in the license Register Vol. 1 which were all signed and returned to office by the District Arms Magistrate. Petitioner managed to get the initial of District Arms Magistrate in Col. 8 of page 92 of the License Register by entering subsequently the forged License of Shri Parmanand Upadhya. Thereby he misguided the District Arms Magistrate and obtained his initial in the above Register fraudulently. (v) Petitioner made false entry in the Arms Act Register Against Serial 276/74 when there was no such orders of Deputy Commissioner, Hazaribagh. The Disciplinary Proceeding was initiated and the Inquiry Officer found him guilty of charges levelled against him. The Deputy Commissioner, who is the Disciplinary Authority on the basis of inquiry report after giving show cause notice, passed final order of removal of the petitioner from service and the said order was affirmed in appeal by the Commissioner and in revision by the Member Board of Revenue.
(3.) MR . Prakash Chandra, learned counsel appearing for the petitioner assailed the impugned order as being illegal and violative of principle of natural justice. Learned counsel submitted that the entire departmental proceeding and the order of removal is vitiated in law on account of not giving opportunity of hearing to the petitioner to cross examine the witnesses and also for non supply of inquiry report and other documents by the Enquiry Officer. Learned counsel further submitted that neither all the records were produced before the Inquiry Officer nor report of the hand -writing expert was called before passing the impugned order of removal. Learned counsel further contended that a criminal case was instituted against the petitioner being G.R. No. 2210/75 and he was acquitted from the charges by judgment and order passed by Judicial Magistrate -1st class, Hazaribagh.;